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- The Liability Insurer’s “Hidden” Duty to Defend-- the Obligation to Pay for its Insured’s Affirmative Claims.
- MN AUTO COVERAGE: NON-EXISTENT POLICY EXCLUSIONS, CONFORMITY CLAUSES & THE NO-FAULT ACT
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Tag Archives: Commercial Liability Coverage
The Auto Dealer’s Coverage Form (ADCF) Policy: No Coverage for Violations of Prior Damage Disclosure Statutes.
In 2013, Insurance Services Office (ISO) rolled out its new Auto Dealers Coverage Form (ADCF) Policy. The ADCF Policy replaces the Garage Liability (GL) Policy which had been available for decades. One of the most major differences between the GL … Continue reading
Known Injury or Damage Exclusion not Applicable in Case of Continuing and Progressive Water Infiltration Resulting from Defective Construction
I recently posted an article, CGL Coverage: “Known Injuries or Damages” in Minnesota and Beyond”, addressing the “Known Injury or Damage” provision in CGL policies. In August 2014, the Connecticut Supreme Court addressed the provision in the context of a … Continue reading
Insurance: Known Injuries or Damages
By Greg Johnson. There has been a tremendous amount of construction defect litigation in Minnesota over the past fifteen years which has had a major impact on both the construction and insurance industries. In an effort to slow the tide, … Continue reading
Uber, Lyft and TNC’s win (Again) in California: New Insurance Requirements Approved
In late August, the California Assembly voted 70-0 to pass AB2293, an Act specifying insurance requirements for transportation network companies (TNC) like Uber, Lyft and Sidecar. I recently posted an article about the TNC’s victory in Minneapolis (“Uber, Lyft and … Continue reading
Posted in Taxi Cab, TNC, Uber
Tagged Auto Insurance, Car Sharing Services, Commercial Liability Coverage, Lyft, Motor vehicle, Taxi Cab, Uber
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Oops!! Self-Insured Owner of Rental Vehicle that had no Obligation to Afford Omnibus Coverage to Permissive Users not entitled to recover $260,000 Settlement Payment.
By Greg Johnson. In an unusual twist, a rental car company insisted it was obligated to pay damages to a third party who was injured by the permissive operator of its rental vehicle and the renter maintained it was not. … Continue reading
Insured’s Investigation and Overhead Expenses Not Covered by Policy
Every once in awhile a policyholder asks whether the costs it incurred in addressing a third-party property damage claim, such as inspection costs, personnel costs, overhead costs and attorneys’ fees are covered by its Commercial General Liability (“CGL”) policy. Unless the costs qualify … Continue reading
Insurance: Economic & Intangible Losses (Lost Profits, Idle Time, Increased Overhead, Liquidated Damages, Diminution in Value & Suppressed Rentals, Etc.
Faulty workmanship can produce several different types of injuries in addition to the typical claim involving physical injury to other property. Faulty or defective work can cause, and contractors may be confronted with claims alleging, numerous types of economic and … Continue reading
CGL Coverage:”Your Work” Exclusion Comes Full Circle — Deletion of Subcontractor Exception
By Greg Johnson. It’s back to square one for some residential contractors. In Grinnell Mutual Reinsurance Co. v. Wollak Construction, Inc., Civ. File No. 10-350 (RHK/LIB) (D. Minn. 10/15/2010), the federal district court, applying Minnesota law, held that the “your … Continue reading
Liability Insurance: The Risks of Denying a Duty to Defend
By Greg Johnson. Deciding whether to defend the insured in a third-party lawsuit (which generally involves a comparison between the allegations of the complaint and the policy), can be simple, complex or somewhere in between. Regardless, insurers should always factor in the potential risks … Continue reading
CGL Coverage: Latent Defects and Continuous, Progressive or Recurring Damages (Allocation of Liability)
By Greg Johnson. Which CGL policy (or policies) will apply in a property damage claim involving continuing, progressive or recurring damages? Whether the underlying claim is one of environmental liability, asbestos, construction defect or products liability, claims involving damages which extend … Continue reading